Explanation
Council Variance Application: CV03-008
APPLICANT: Teresa A. Crye; c/o Brian Linhart, Esq.; 141 East Town Street, Suite 200; Columbus, Ohio 43215.
PROPOSED USE: A dance studio in the L-C-2, Limited Commercial District.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a Council Variance to permit an existing dance studio use in the L-C-2, Limited Commercial District. The site was developed in 1985 and consists of three office buildings divided into 20 separate units. The applicant filed for a Council Variance (CV85-095) in 1985 to permit a dance studio, a use not permitted in the C-2, Commercial District. While the Council Variance was in process, the dance studio opened, occupying 3000 square feet of a total 22,576 square feet without zoning clearance or a commercial building permit. The Council Variance was later defeated by Council in 1988. Since 1985, the dance studio has increased in size and now occupies all three office buildings, each expansion occurred without the necessary permits. This request will legalize the existing use, conditioned on the applicant obtaining all required permits.
Title
To grant a Variance from the provisions of Sections 3353.01, C-2, Commercial District and 3342.28, Minimum number of parking spaces required , for the property located at 2665 FARMERS DRIVE (43229), to permit a dance studio in the L-C-2, Limited Commercial District and to declare an emergency.
Body
WHEREAS, by application No. CV03-008, the owner of property at 2665 FARMERS DRIVE (43229), is requesting a Council Variance to conform an existing dance studio in the L-C-2, Commercial District; and
WHEREAS, 3353.01, C-2, Commercial District, does not list dance studio or school as a permitted use at this location; and
WHEREAS, said property was zoned L-C-2, Limited Commercial on April 15, 1985 (Z84-139); and
WHEREAS, 3342.28, Minimum number of parking spaces required, requires the dance studio to have a minimum of one parking space per 250 square feet of gross floor area or ninety-one (91) spaces, while applicant proposes reduce this requirement to eighty-five (85) spaces, a variance of six (6) spaces; and
WHEREAS, City Departments note a hardship exists in that the applicant will endure a financial hardship if the dance studio was required to relocate; and
WHEREAS, said variance will result in a development consistent with the development pattern of the area, similar to the retail uses east of the site; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2665 FARMERS DRIVE (43229), in using said property as desired; now, therefore:
WHEREAS, an emergency exists in the usual daily operation in the City of Columbus in that the applicant will need the legislation to be an emergency measure in order to obtain financing from CCDC by October 15, 2003 for the immediate preservation of the public peace, property, health and safety; now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3353.01, C-2, Commercial District; and 3342.28, Minimum number of parking spaces required for the property located at 2665 FARMERS DRIVE (43229), insofar as said sections prohibit a dance studio with reduced parking from 91 spaces to 85 spaces:
EXHIBIT "A"
SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, CITY OF COLUMBUS, BEING IN SECTION 1, TOWNSHIP 2, RANGE 19, UNITED STATES MILITARY LANDS, CONTAINING 2.000 ACRES OF LAND, MORE OR LESS, SAID 2.000 ACRES BEING OUT OF THAT 5.131 ACRE TRACT OF LAND CONVEYED TO TRINITY PRESBYTERIAN CHURCH OF COLUMBUS, OHIO BY DEED OF RECORD IN DEED BOOK 2863, PAGE 513, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, SAID 2.000 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4-INCH PINCHED TOP IRON PIPE FOUND AT THE NORTHEASTERLY CORNER OF
SAID 5.131 ACRE TRACT, THE SAME BEING THE NORTHWESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO BAYROCK INVESTMENT CO., BY DEED OF RECORD IN OFFICIAL RECORDS VOLUME 265, PAGE B06, SAID POINT ALSO BEING IN THE SOUTHERLY LINE OF FARMERS DRIVE AS THE SAME IS SHOWN AND DELINEATED UPON THE RECORDED PLAT OF SAWMILL ROAD OFFICE PARK, OF RECORD IN PLAT BOOK 58, PAGE 80, BOTH BEING OF RECORD IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO;
THENCE, FROM SAID BEGINNING POINT, S. 4° 10' 00" W., WITH THE EASTERLY LINE OF SAID 5.131 ACRE TRACT AND WITH THE WESTERLY LINE OF SAID BAYROCK INVESTMENT CO., A DISTANCE OF 383.93 FEET TO A 3/4-INCH (I.D.) IRON PIPE SET;
THENCE N. 85° 36' 33" W., CROSSING SAID 5.131 ACRE TRACT, PARALLEL WITH AND 383.93 FEET SOUTHERLY FROM, AS MEASURED AT RIGHT ANGLES, BOTH THE SOUTHERLY LINE OF SAID FARMERS DRIVE AND THE NORTHERLY LINE OF SAID 5.131 ACRE TRACT, A DISTANCE OF 227.45 FEET TO A 3/4-INCH (I.D.) IRON PIPE SET IN THE WESTERLY LINE OF SAID 5.131 ACRE TRACT, THE SAME BEING IN THE EASTERLY LINE OF THAT 1.827 ACRE TRACT OF LAND CONVEYED TO CHARLES VORHEES AND LEONA M. VORHEES BY DEED OF RECORD IN OFFICIAL RECORDS VOLUME 1232, PAGE H11, RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO;
THENCE N. 4° 19' 16" E., WITH THE WESTERLY LINE OF SAID 5.131 ACRE TRACT, WITH THE EASTERLY LINE OF SAID 1.827 ACRE TRACT, WITH THE EASTERLY LINE OF THAT 0.745 ACRE TRACT OF LAND CONVEYED TO EDWARD G. FRESCHMAN (UNDIVIDED 1/2 INTEREST) BY DEED OF RECORD IN DEED BOOK 3541, PAGE 417 AND WITH THE EASTERLY LINE OF THAT 2 ACRE TRACT OF LAND CONVEYED TO PORTER A. SMITH AND DONNA D. SMITH BY DEED OF RECORD IN DEED BOOK 2058, PAGE 264, BOTH BEING OF RECORD IN THE RECORDER'S OFFICE, FRANKLIN COUNTY, OHIO, A DISTANCE OF 383.93 FEET TO A 3/4-INCH (I.D.) IRON PIPE FOUND AT THE NORTHWESTERLY CORNER OF SAID 5.131 ACRE TRACT, THE SAME BEING THE NORTHEASTERLY CORNER OF SAID 2 ACRE TRACT, SAID POINT ALSO BEING IN THE SOUTHERLY LINE OF SAID FARMERS DRIVE;
THENCE S. 85° 36' 33" E., WITH THE NORTHERLY LINE OF SAID 5.131 ACRE TRACT AND WITH THE SOUTHERLY LINE OF SAID FARMERS DRIVE, A DISTANCE OF 226.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.000 ACRES OF LAND, MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED FROM INFORMATION OBTAINED FROM ACTUAL FIELD SURVEYS OF THE PREMISES CONDUCTED BY BAUER, BOROWITZ & MERCHANT, INC., IN JANUARY, APRIL, MAY, 1984.
ALL OF THE SURVEY MARKERS NOTED IN THE FOREGOING DESCRIPTION AS FOUND WERE SET BY OTHERS AND THE SURVEY MARKERS NOTED AS SET WERE SET BY BAUER, BOROWITZ & MERCHANT, INC., AND WERE IN PLACE ON MAY 11, 1984.
THE BEARINGS GIVEN IN THE FOREGOING DESCRIPTION ARE BASED ON AN ASSUMED MERIDIAN.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for dance studio, or those uses permitted in the L-C-2, Commercial District established by Z84-139.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.